The High Court has made a ruling stating that the failure by the government to meet the fundamental needs of homeless applicants for International Protection infringes on their essential rights. This judgement was the result of a legal action brought to the court by a human rights overseer. Mr. Justice Barry O’Donnell expressed on Thursday his belief that the State’s current response to the necessities of unsupported asylum seekers is sufficiently “insufficient” to the point that it violates their rights to human dignity, as outlined in the EU Charter of Fundamental Rights.
Judge O’Donnell further stated that those applying for international protection within the country have a well-recognised essential right to have their human dignity recognised and secured. This includes providing them with an acceptable living standard which guarantees their survival and protects their physical and mental well-being, particularly when they are incapable of self-support.
The Irish Human Rights and Equality Commission (IHREC), which is funded by the state, confronted the accommodation shortage faced by many adult male International Protection Applicants. This confrontation followed a High Court ruling last April which found that the Minister for Integration failed to fulfil his duty to house an Afghan asylum seeker who was driven to beg after arriving in the country. In replies to that legal challenge, the court stated that providing a €28 voucher for Dunnes Stores, along with addresses for private charities, was severely far from being adequate.
In response to the above, the State acted by implementing an increase of €75 to the weekly payments for homeless individuals. They also organised formal arrangements with non-profit organisations to provide food and hygiene facilities for homeless International Protection Applicants. However, IHREC argued that this increased weekly payment of €113.80 was still not sufficient as it does not enable the individuals to secure their own accommodation.
The defence by the Minister, the Attorney General and Ireland was that these changes allow the State to fulfil its duties by supplying the “material reception conditions” as stated in European Union law. This case, which was presented over three days in May, marked the first instance when IHREC utilised its powers, as part of the 2014 IHREC Act, to spearhead representative proceedings which concern the human rights of others.